WARNING: READ
CAREFULLY. THIS AGREEMENT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF LEGAL
RIGHTS AND DEPRIVES YOU OF THE RIGHT TO SUE LIFE TIME FITNESS, INC. AND OTHER
PARTIES. DO NOT SIGN THIS AGREEMENT UNLESS YOU HAVE READ IT IN ITS ENTIRETY.
SEEK THE ADVICE OF LEGAL COUNSEL IF YOU ARE UNSURE OF ITS EFFECT.
IN
CONSIDERATION for Life Time Fitness, Inc. and its subsidiaries, affiliates,
employees, representatives, and agents (“Life Time”) allowing me to participate
in the (Esprit De She) event (the “Event” or
“Events”); I, for myself, and on behalf of my spouse, children, parents, guardians
and heirs, next of kin, any legal and personal representatives, executors,
administrators, successors and assigns, hereby agree to and make the following
contractual representations pursuant to this Waiver and Release of Liability,
Assumption of Risk and Indemnity Agreement (the “Agreement”);
PARTICIPANT REPRESENTATIONS: I hereby represent that (i) I am in
good health and in proper physical condition to participate in the Event; (ii) have
not been advised against participating in the Event by a qualified health
professional; and (iii) am not under the influence of alcohol or any illicit or
prescription drugs which would in any way impair my ability to safely
participate in the Event. I agree that it is my sole responsibility to
determine whether I am sufficiently fit and healthy enough to participate in
the Event.
ASSUMPTION OF RISK: I understand and acknowledge that there are dangers,
hazards and risks of injury or damages, some of which are inherent, in my use
of, presence at, or participation in the Event. I understand that these dangers,
hazards and risks, arising from my use of, presence at, or participation in the
Event, whether running, bicycling, swimming, or other portions of the Event, which
include, without limitation: the potential for serious bodily injury, permanent
disability, paralysis and death; drowning; loss or damage to property; exposure
to extreme conditions and circumstances; accidents, illness, contact or
collision with other participants, spectators, pedestrians, vehicles, or other
natural or manmade objects; dangers arising from adverse weather or tidal
conditions; imperfect course conditions; water, road and surface hazards;
equipment failure; inadequate safety measures; participants of varying skill
levels; and other accidents or incidents that may result in injury or damage
(“Risks”). I understand that these Risks may be caused in whole or in part by
my own actions or inactions, the actions or inactions of others participating
in the Event, or the acts, inaction or ordinary negligence of the Released
Parties defined below, and I hereby expressly assume all such Risks and
responsibility for any damages, liabilities, losses or expenses which I incur
as a result of my participation in the Event.
WAIVER, RELEASE OF LIABILITY, AND
INDEMNIFICATION: I
hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify,
Defend and Hold Harmless the following parties: Life Time Fitness, Inc., all
Event sponsors, and all Host Cities, Local Organizing Committees, Venues and
Property Owners upon which the Event takes place, Law Enforcement Agencies and
other Public Entities providing support for the Event, and each of their
respective parent, subsidiary and affiliated companies, officers, directors,
partners, shareholders, members, agents, employees and volunteers (Individually
and Collectively, the “Released Parties” or “Event Organizers”), with respect
to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or
expense (including court costs and reasonable attorneys fees) of any kind or
nature (“Liability”) from my use of, presence at or participation in the Event,
which may arise out of, result from or relate to the ordinary negligence of the
Released Parties. I further agree that if, despite this Agreement, I, or anyone
on my behalf, makes a claim for Liability against any of the Released Parties,
I will indemnify, defend and hold harmless each of the Released Parties from
any such Liability which may be incurred as the result of such claim.
RELEASE FOR PERSONAL LIKENESS: I understand that Life Time, and/or those authorized by Life
Time, will be (i) taking photographs, (ii) making audio recordings and (iii)
video recordings of the Event and its related events. I hereby irrevocably
consent to and grant Life Time, and/or anyone authorized by Life Time, the
exclusive right to the ownership and use of any and all (i) photographs, (ii)
audio recordings and/or (iii) video recordings containing my image or likeness,
for any lawful purpose whatsoever in connection with Life Time and its related
events.
ADDITIONAL TERMS: I understand the Event course,
distance, location, and timeline can be changed at the discretion of the
Related Parties. All distances are approximate by GPS measurements. The Event
can be altered, postponed or cancelled for any reason including but not limited
to: inclement weather, natural disturbances, police activity, acts/threats of
terrorism, or other reasons beyond the Related Parties’ reasonable
control. If the Event is cancelled or altered as described above, no
refunds, credits or transfers will be issued, granted or permitted.
PARTICIPANT WARRANTS: I hereby warrant that I have read this
Agreement carefully, understand and acknowledge its terms and conditions, understand
that I will be giving up substantial legal rights by signing it (including the
rights of the minor, my spouse, children, parents, guardians heirs and next of
kin, and any legal and personal representatives, executors, administrators, successors
and assigns), acknowledge that I have signed this Agreement freely and
voluntarily, without any inducement, assurance or guarantee, and intend for my
signature to serve as confirmation of my complete and unconditional acceptance
of the terms, conditions and provisions of this Agreement. This Agreement
represents the complete understanding between the parties regarding these
issues and no oral representations, statements or inducements have been made
apart from this Agreement. If any provision of this Agreement is held to be
unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions.